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U.S. v. Allery, No. 98-2644 (8th Cir.) (175 F.3d 610) (April 15, 1999) (Judge Morris Sheppard Arnold)

Here the Court held that the fact that the defendant raped a sleeping woman, the resulting lack of "force" that was used "almost necessarily" took the case out of the heartland of rape cases, thus justifying a downward departure at sentencing.

The defendant in this case sneaked into a stranger's ...

 

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